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Literature Articles

This searchable database contains bibliographic information for literature (research-based and policy/practice) relating to dispute resolution in special education.

CADRE is interested in identifying additional articles and publications to include in this database. If you are aware of other such resources, please send an email to cadre@directionservice.org with as much information as possible about the resource (e.g., title, author, source, date), and include a copy of the publication or a URL link, if available.

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This document provides a comparison of the student-related similarities and differences between IDEA and two related acts, Section 504 of Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Comparisons are provided in tabular format, with the three acts across the top and...Learn more

Section II of this Comment reviews the statutory and common-law roots of IDEA and summarizes the resultant legislation. Section III of this Comment addresses specific controversial policies of the Act. Specifically, Section III focuses on the inconsistencies within the mandates of: free education;...Learn more

[Abstract] "Of the three formal dispute resolution procedures provided by the Individuals With Disabilities Education Act of 2004 (IDEA), due process hearings are the most costly in terms of time, fiscal resources, and impact on relationships between school personnel and parents. This study...Learn more

Addresses the successes and challenges associated with mediation in special education disputes in Missouri. Reauthorization of the Individuals with Disabilities Education Act in June 1997 and National Association of State Disorders of Special Education's studies on mediationLearn more

[Abstract} Two prospective longitudinal studies of nationally representative samples of students with disabilities—the Special Education Elementary Longitudinal Study and the National Longitudinal Transition Study–2—are used to provide a broad look at the participation of parents of 11- through 19-...Learn more

Preface: This annotated outline is a relatively comprehensive compilation of the published special education decisions under the Individuals with Disabilities Education Act (IDEA) and Section 504 (§ 504) or the Americans with Disabilities Act (ADA) for students from pre-K through grade 12, starting...Learn more

Certain aspects of special education law concerning parental legal rights are not clear... "Specifically, there has been uncertainty whether non-lawyer parents have the right in court proceedings to challenge pro se the suitability of their child's special education services. The ambiguities of...Learn more

As a result of recent federal legislation, states are required to provide mediation as a dispute resolution option to parents and school districts involved in special education disputes. Although states are mandated to provide mediation services, the law gives little guidance as to how states...Learn more

This article analyzes cases in which courts or hearing officers have found that a child has been denied free and appropriate public education. The two most commonly-ordered remedies were reimbursement of tuition, and compensatory education. The author engages six questions: (1) What is the relative...Learn more

Article analyzes success of mediation, arbitration, summary jury trials in general. Most studies cited did not relate to special ed mediation but might be useful to inform methodology of future studies. Article reports some data on special ed mediations, finding higher correlation with parental...Learn more

This article explores the responsibility of early childhood educators to advocate for young children as both individuals and family members, reviewing legal and administrative guidance under the Individuals with Disabilities Education Act and exploring possible conflicts between family and...Learn more

Discusses the IDEA reauthorization bills from the House and Senate. House bill calls for voluntary binding arbitration. Senate bill requires states to spend funds to implement the mediation process required and to assist parents with ADR and due process.Learn more

Abstract: The Individuals with Disabilities Education Act (IDEA) requires school districts to assess children “in all areas of suspected disability.” It further provides that each child’s individualized education program (IEP) must contain measurable annual goals designed to “meet each of the child...Learn more

Article consists of mostly early theory about effectiveness of mediation. Author believes that special ed. disputes are one of the more appropriate contexts for mediation. Cites Singer & Nace study and states that special ed. mediation is successful in resolving the majority of these disputes,...Learn more

A review of special-education court cases found that, while school district wins exceeded parent wins in due process hearings and appeals, the margin narrowed through litigation. The most predominant issue in dispute was placement in terms of parents seeking more restrictive settings. The Supreme...Learn more

There is limited research about effective Individualized Education Program (IEP) meeting practices that promote family–professional collaboration. One emerging practice, the Facilitated IEP (FIEP) meeting, has recently gained national attention for its team-based approach. In this study, the...Learn more

The purpose of this study was to explore variables which might influence the frequency of Texas special education mediations used for dispute resolution. Variables such as district size, location, economic level, and the State Accountability Rating were investigated and evaluated. In order to...Learn more

The authors of this study examined published hearing officer decisions under the Individuals with Disabilities Education Act to determine whether they were representative of the frequency and outcomes for the larger group consisting of published decisions and the much greater number of unpublished...Learn more

This article reviews thirty-five years of administrative decisions, seeking to understand any differences between families who were represented by attorneys at the hearing and families who were not. Significant differences were found, and the author notes that this correlation does not confirm...Learn more

This article reviews five common procedural errors in IEP development: - Not Including Students' Parents in the IEP Process - Predetermining a Student's IEP Services or Placement - Determining Placement Before Programming - Not Fielding an Appropriate IEP Team - Failing to Implement the IEP as...Learn more

The major purpose of the Individuals with Disabilities Education Act (IDEA) and its legislative predecessor: has shifted in the past 25 years from simply providing access to educational services to an emphasis on providing meaningful, measurable, and accountable programs to students with...Learn more

Compares special ed. law in US and England. States that the lack of legal representation for low-income parents during dispute resolution affects the fairness of the process, and that parents that don’t have legal advice during mediation are more likely to pursue a due process hearing. Those that...Learn more

In this article the author focuses on the importance of parental involvement in the IEP process and argues that parents with poor bargaining skills are at a significant disadvantage when negotiating services for their children.Learn more

Research indicates that partnerships between schools and neighborhood communities support student learning, improve schools, and strengthen families and neighborhoods. These partnerships expand the traditional educational mission of the school to include health and social services for children and...Learn more

This website was developed by CADRE, a project of Direction Service pursuant to Cooperative Agreement CFDA H326X180001 with the Office of Special Education Programs, United States Department of Education, Carmen Sánchez, Project Officer. The opinions expressed and materials contained herein do not necessarily reflect the position or policy of the United States Department of Education and you should not assume endorsement by the Federal Government.